Removing Conditions From Your Marriage-Based Green Card
If you obtained immigrant status through marriage to a U.S. citizen or permanent resident, you were issued a conditional green card. The primary condition is that you remain married to that person. This rule is intended to prevent foreigners from obtaining residency through marriage fraud.
To confirm and renew your resident status, you must file Form I-751, Petition to Remove Conditions on Residence within two years of obtaining your conditional green card. The immigration lawyers of Gurnani & Gurnani, Attorneys at Law, can help you move from conditional status to permanent legal resident.
I-751 Petition To Remove Conditions (Still Married)
You and your spouse must file a joint petition within two years of receiving your conditional green card, with a grace period of 90 days. If you miss the deadline, the U.S. Citizenship and Immigration Services (USCIS) will issue a Notice To Appear (NTA) in immigration court.
Children of the foreign spouse can join the petition if they received conditional status on the same day as their parent or within 90 days. Otherwise, children will have to file their own I-751 petitions.
Removing Conditions On Residence If You Are Single
It may be possible for a noncitizen spouse or their child to remove conditional status and stay in the United States even if the foreign spouse is no longer married to the U.S. citizen or permanent resident. Each of the following scenarios requires that the marriage was entered in good faith at the time:
- Death of the spouse or stepparent
- Divorce or annulment of the marriage
- Domestic abuse by the spouse or stepparent (battery or extreme cruelty)
- Extreme hardship if terminated and deported
Removing conditions as an individual requires a special waiver and substantial documentation. Our attorneys both have 30 years of experience in immigration law. They can help you explain your circumstances to the USCIS and provide the proper evidence so that you are allowed to stay and work in the United States.
Take Action To Keep Your Resident Status
We have helped many immigrants file their I-751 petitions to remove residence conditions on their green cards. We make sure that your paperwork is all in order and filed properly, and we can address any potential problems with your case.